Macdonald Allen

Real Property/Commercial Leasing Litigation

• Represented the plaintiff in an action for damages for the failed assignment of a purchase agreement regarding a parcel of land. The price of the assignment was valued at approximately $9,000,000.
• Represented the plaintiff in an action claiming damages for approximately $180,000 for breach of a commercial lease.
• Negotiated the settlement of a dispute between two adjoining commercial property owners related to a cost-sharing and management agreement. The negotiated settlement avoided litigation commenced in the Ontario Superior Court of Justice, and an arbitration under the terms of the agreement.
• Acted for the defendants to defend an action alleging fraudulent conveyance.
• Negotiated a resolution on behalf of the landlord with Provincial and Federal tax authorities regarding the outstanding tax owing by a former tenant, whose tenancy was terminated for various breaches of the lease.
• Represented a home owner against the City of Toronto in a negligent building inspection case claiming damages in the amount of $500,000.
• Successfully defended a landlord against a claim for negligence, and loss of profit in the amount of $500,000 arising from a fire that destroyed the premises and the tenant’s property.

Contract

• Defended a company selling computers and other electronics located in California in an action commenced in Ontario claiming approximately $1.8 million in damages for breach of contract, loss of goodwill, loss of reputation and defamation.
• Represented the owner of environmentally sustainable home in an action against a contractor for the negligent performance of the contract, defamation and damages associated therewith.
• Represented the defendant and plaintiff by counterclaim in an action where the plaintiff claimed damages arising from the termination of a construction contract, and the defendant counterclaimed for damages arising from the negligent performance of the work and the cost to remedy the deficiencies in the work.
• Represented a plaintiff from the CGI and graphic design industry in an action against a staffing agency and independent contractor for, among other things, conspiracy, and inducing breach of contract.
• Represented the plaintiff in an action for breach of contract, and inducing breach of contract against a defendant for failing to complete the sale of its business to the plaintiff, and subsequently selling the business to the co-defendant.
• Represented the defendant and plaintiff by counterclaim in an action for damages in the amount of approximately $1 million for breach of a share purchase agreement whereby the plaintiff alleged the contract was unenforceable, and the defendant sought to enforce the terms of the contract.

Director, Officer, Shareholder, and Corporate Litigation

• Represented the defendant and plaintiff by counterclaim in an action to determine each parties relative shareholdings in various related companies and each parties’ entitlement to the profits of each company.
• Represented the plaintiffs in a breach of contract and oppression action against a mining company located in Alberta. This case went to the Alberta Court of Appeal.
• Negotiated the resignation of a director and sale of his shares during hostile interactions from the other members of the board from a notable organization in the film industry.

Employment Law

• Mac regularly acts for international, and national organizations, and small businesses to provide timely and practical advice during the term of an employee’s employment, up to and including the termination. Mac’s employment law advice is focused on avoiding litigation. However, in some circumstances litigation is unavoidable, and Mac aims to put the employer in the best possible situation in order to rigorously, and efficiently, defend claims brought by disgruntled employees whether those claims are commenced in the civil courts, administrative tribunals, or labour and employment office. Mac has provided employment law advice to organizations in a variety of industries including, but not limited to:
  • construction;
  • telecommunications;
  • technology start-up;
  • graphic design; and
  • non-profit.
• Represented an employer in an action against a former employee for the misappropriation of company equipment, and fraudulent misrepresentation.
• Represented a construction company to defend allegations of discrimination related to sex and pregnancy before the Human Rights Tribunal.

Sports Law

• Mac regularly provides advice to provincial sport organizations regarding the impact, implementation, applicability and enforcement of organizational, national, and international policies. Mac provides advice to organizations and individuals with respect to, among other things, athlete eligibility requirements, organizational discipline, team/referee selection, and disputes before the Sport Dispute Resolution Centre of Canada and the Court of Arbitration for Sport.
  • Represented a national sport organization and provincial sport organization in defending a claim before the Human Rights Tribunal for discrimination based on, among other things, the transgender identity of the complaint and the impact of the World Anti-doping program on the complainant’s ability to participate in sport.
  • Represented an international sporting equipment organization in the negotiation of a foreign executive’s accommodation arrangement while living in Toronto, Canada.

Privacy / Access to Information

• Mac has experience acting for organizational, and individual requesters in filing access to information requests and for institutions in responding to access to information requests under the Freedom of Information and Protection of Privacy Act, and the Municipal Freedom of Information and Protection of Privacy Act. Mac has experience with access to information requests in the following industries:
  • Healthcare;
  • Construction;
  • University; and
  • Municipal.

Cross-Border and Inter-Provincial Litigation

• Represented a plaintiff from British Columbia to register its BC judgment in Ontario.
• Represented an Alberta corporation in an application for replevin in order to obtain possession of goods located and being improperly held in Ontario.
• Worked with Quebec counsel to negotiate a resolution on behalf of an Ontario supplier in the raw materials industry to an action brought in Quebec by a disgruntled contractor.
• Worked with Alberta counsel to defend a wrongful dismissal claim brought against an international construction company.
• Worked with Alberta counsel to advance an oppression claim through the Alberta courts, including the Alberta Court of Appeal.